The Theory and Policy of Labour ProtectionSchäffle, A. (Albert)
General
The Theory and Policy of Labour Protection
Schäffle, A. (Albert)
Labor laws and legislation -- Germany
Certainly no objection can be raised to making provision for the
maintenance of freedom of contract with regard to shortening the
duration of daily labour. The right to demand such freedom in
contracting, is, in my opinion, incontrovertible.
Next we come to the various modes of regulating the maximum working-day.
It may either be fixed uniformly for all nations as the regular
working-day for all protected labour, or it may be specially regulated
for each industry in which wage-labour is protected; or else a regular
maximum working-day may be appointed for general application, with
special arrangements for certain industries or kinds of occupation. This
would give us either a regular national working-day, or a system of
special maximum working-days, or a regular general working-day with
exceptions for special working days.
The system of special working-days has long since come into operation,
although to a more or less limited degree, by the action of custom and
contract. The penultimate paragraph of Sec. 120 of the _von Berlepsch_
Bill, admits the same system--of course only for hygienic purposes--in
the following provision: "The duration of daily work permissible, and
the intervals to be granted, shall be prescribed by order of the
Bundesrath (Federal Council) in those industries in which the health of
the worker would be endangered by a prolonged working-day."
The mixed system would no doubt still obtain even were the regular
working-day more generally applied, since there will always be certain
industries in which a specially short working-day will be necessary (in
smelting houses and the like).
The labour parties of the present day demand the regular legal
working-day together with the working-day of voluntary contract.
By maximum working-day we must, as a rule, understand the national and
international, uniform, legal, maximum working-day.
Thirdly, we come to the various aspects which the maximum working-day
assumes according to whether it is given a general or only a limited
sphere of application. In considering its application we have to decide
whether or not its protection shall be extended to all branches and all
kinds of business, and degrees of danger in protected industry, and
further, whether, however widely extended, it shall apply within each
industrial division so protected to the whole body of labourers, or only
to the women and juvenile workers.
Public-domain text, read in full here on John Shaqi.
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